Dovgoochіkuvany about the Labor Law mіgratsіyu priynyato. Shcho Dali?

Dovgoochіkuvany about the Labor Law mіgratsіyu priynyato. Shcho Dali?

Since January 1, 2016 came into force the Law of Ukraine "On external labor migration" from 05.11.2015 g. Number 761-VIII, aims to provide a legal framework regulating labor migration abroad and measures for the reintegration of returning migrants.

The need for this piece of legislation is long overdue. Indeed, labor migration abroad gained in Ukraine mass distribution. On the one hand, it is the result of socioeconomic transformation period, a form of self-organization of citizens and their search for ways to survive, and the other - a notable factor influencing the socio-economic situation in the country, the welfare, poverty and population stratification. Given the size of wages and unemployment in Ukraine and the demand for additional labor from abroad in most neighboring countries as well - the tradition of migration behavior that have developed during the existence of modern migration, travel to work will have a lasting nature. However, due to unfavorable demographic trends, population aging is already in 10-12 years, Ukraine will face the problem of shortage of workforce. With the successful economic development of the labor shortage will be felt in 6-7 years. In connection with this problem of citizens leaving for work, and their return to their homeland, requires public attention in the short and medium term.

The issue of legal regulation of labor migration, protection of rights and interests of migrant workers, the development of appropriate special legislation - repeatedly violated. This requirement put forward associations of migrant workers, experts, but for a long time could not find the support of legislative initiative. Granting Ukraine in 2010, the Action Plan on visa liberalization with the European Union led the legislative process. After all, towards a visa-free regime state had to fulfill a number of conditions, including improving migration management and ensuring the rights of migrants belonged to an important role.

In 2012, the Ministry of Social Policy of Ukraine, in cooperation with associations abroad and Ukrainian experts prepared a draft law "On foreign labor migration." However, in the process of interagency coordination significant innovations, including proposed by migrants has been removed. In the summer of 2015 a bill was passed by the Verkhovna Rada of Ukraine in the first reading in a very truncated form. Profile Committee of Parliament offered to send it to the repeat first reading. However, the obligations under the Action Plan on visa liberalization with the EU legislation on regulation of labor migration and return have to take. After substantial completion of MPs, and a working group consisting of experts from concerned departments, experts November 5, 2015, the Verkhovna Rada adopted the Law of Ukraine "On external labor migration", and soon it was signed by the President.

The Law narazyvsya serious criticism in the Parliament and outside. Basically it boiled down to this:

• Law mostly declarative text;

• it does not offer directly applicable, and contains mainly links to existing legislation or international agreements of Ukraine (in 11 of the 21 articles contained such a law The reference);

• no mechanisms for implementing the stated norms, which makes them dependent on the implementation of the future regulatory acceptance of regulations;

• declarative and lack of concrete evidence of an attempt to formally execute its request Action Plan on visa liberalization, not attempts to regulate specific social relationship.

However, the significance of the adoption of the Law "On the external labor migration" should not be underestimated. In fact, the first time the government has given signal to its citizens abroad about the readiness to defend their interests, reaffirmed interest in cooperation with them and their return home. After lengthy discussions, the law included a number of provisions put forward by associations of migrants and the need which insisted specialists. Among them are worth noting:

• The Law applies to all migrant workers (Art. 2), t. H. And for those who work informally, not just employed under an employment contract / contact (as in the version adopted on first reading) .

• The directions of the state policy in the field of migration (in addition to the universally accepted rights protection, international agreements or the conclusion of combating illegal migration) find "the creation of conditions for the return to Ukraine and the reintegration of migrant workers and their families." Reintegration devoted a separate article of the Law (Art. 14), defined central executive authority, which is responsible for the reintegration of migrant workers - namely, the Ministry of Social Policy of Ukraine. Prior to the adoption of this law the return and reintegration of migrants in the Ukrainian legislation does not mentioned.

• According to the law, the state is obligated to address national, cultural, educational and linguistic needs of migrant workers, ensures the implementation of the constitutional right to compulsory secondary education of migrant workers and their families.

• A separate section is devoted to a state guarantee consular assistance to migrant workers, to which workers are constantly paying attention. The diplomatic missions of Ukraine abroad undertake measures to ensure proper implementation of the rights of migrants, provide free consulting and legal assistance.

• The Act also present an article on the activities of NGOs migrants established abroad. They are entitled to act according to the law in Ukraine to cooperate with central and local authorities and NGOs, the government recognizes the important role of self-organization workers and is ready for a productive dialogue with their associations.

• According to the law, the state contributes to the creation of conditions for migrant workers remittances to their homeland, particularly in terms of opening correspondent accounts with foreign banks in Ukraine, consulting with major international payment systems in order to reduce the cost of transfers.

Despite the positive stories, some important issues for migrant workers in the Act mentioned only briefly and very vague, some - existent. Because the law "On foreign labor migration" should be seen as important, but only a first step towards regulation of relations arising from labor migration abroad and their return. Law declarative rule-making provides a great job of bringing it into line with current legislation and the development of new legal acts necessary for its implementation. Make changes and additions obviously needed and the text just adopted law.